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What is a Brownfield? Brownfield = real property whose expansion, redevelopment or reuse is complicated by the perceived presence, potential presence or real presence of a hazardous substance pollutant or contaminant. Old Paradigm - Remediate and isolate New Paradigm - Remediate and integrate Now the goal is to have a plan and strategy for the site and its relationship to everything around it as well as have a plan for the area itself. This applied to Brownfield sites initially but now it even applies to Superfund sites

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Considerations Before Proceeding Be prepared to go through an elaborate planning process. What sites do we have and where are they? What is our plan for the site and neighborhood? Where (and how) are we going to do it? What is it going to look like and who is going to do it? Whatever we do... are we prepared to do the things we need to do to pay for it? Exactly what are the contaminants, where are they and how extensive are they? What has to be done to clean the site so that it is useable to meet our intended plan; are we willing to do it? With all the above pieces in place... what do we need to do to follow the plan, get the funding and implement the strategy and the design?

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CERCLA CERCLA of 1980 (Comprehensive Environmental Response, Compensation and Liability Act) Established the NPL list and Superfund Program. Established public policy linking liability to ownership and cleanup regardless of whether they had any role in contaminating it in the first place. This was a fundamental change in development; it set in motion the array of legal incentives, programs and planning process that is today’s Brownfield’s program.

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Legal Foundations of Liability for Brownfields The Torte of Nuisance: interference of land use with adjacent property or the property owned by the purchaser as a result of the contamination. The Law of Trespass: the condition of harm to someone’s adjacent property by migration of contaminants

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Understanding Site Problems Level One Assessment Purpose of a Level One Assessment Assess environmental liabilities Bank requirement to secure financing Determine site use limitations Ballpark cleanup financial impact on the project Insurance application requirement Required for local permitting Required for public funding

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Understanding Site Problems Level Two Assessment Purpose of a Level Two Assessment Verifies presence of contamination Further testing as indicated and guided by Level One Describe contamination in greater detail and test for it Intrusive testing.. boots on the ground (collection and analysis of samples) Same purposes as level one but more detailed answers

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Technical Remedies and Approaches Solidification: Also called vitrification or stabilization. Removes water and changes the soil or solid medium chemically to reduce permeability and transport of contaminant by percolation. Soil Vapor Extraction: Used to removes VOC s from soil thru the use of vapor extraction wells. Sometimes used with air injection Incineration (Thermal Desorption): Controlled burning of soil or solids at very high temperatures to convert, burn off (oxidize) or degrade the contaminants. May be done on or off site. Bioremediation: Microorganisms are used to degrade organic compounds in soils or ground water. Usually done in situ although not necessarily. Many variations in techniques and methods. One very well used approach is manufactured wetlands. Soil Washing: Water is used to flush thru soils or medium to flush out contaminants. May involve removing soil sand using mechanical agitation. Additives to the water will often enhance the process. Solvent Extraction: Solvents are used to remove contaminant from soils Dechlorination: Chemical treatment to remove chlorine based hazardous materials. Hydrogen or hydroxide used to detoxify material. Air sparging: Injection of air into ground water to flush volatile compounds which are collected and treated by the soil vapor extraction process. Passive Treatment Wells: Barriers are constructed of reactive materials and are installed in the aquifer to promote a chemical reaction between the barrier and the contaminant in the ground water. An example would be the use of a limestone barrier used to increase the PH of contaminated groundwater. Containment: As the name implies constructed barriers contain the contaminant and eliminate any chance of it s movement. Always done with cps and infiltration control measures as well as perimeter drainage and vapor control measures. Dig and Dump: Again as the name implies... digging up the contaminant and transporting it someplace else untreated,

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Phytoremediation Defined Phytoremediation represents a group of innovative technologies that use plants and natural processes to remediate or stabilize hazardous wastes in soil, sediments, surface water or groundwater.

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Phytoremediation Potential An interim approach for stabilizing sites while other cleanup strategies are being evaluated An approach that augments the overall effectiveness of other cleanup technologies A stand alone approach for providing cost effective, long term clean up solutions

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Inherent limitations of Phytoremediation Considerations that decision makers must address: Selection of the correct plants Cooperation and communication with local and state officials Understanding and commitment to maintenance and monitoring requirements Comparison of costs of Phytoremediation with other treatment technology options.

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Phytoremediation Applications Situations where: There are relatively low concentrations of contamination (organics, nutrients or metals) at a shallow depth and over a large cleanup area Sites will mothballed or may be redeveloped in the future There is a need to reduce the leaching of contaminants thru soil or ground water There is a need to reduce run off of contaminated groundwater Sites are candidates for beginning an initial modest cleanup Sites have a need of aesthetic improvement

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Risk Assessment – Communication and Stigma Risk Assessment = following steps Data collection Interpretation and analysis of data Consideration of human interface with hazardous substance Actions to minimize interface Successful elimination of risk All of above are subject to human perception and value judgment. Communication is the way to insure appropriate perception. In the absence of effective communication people’s perception or risk will remain high. With elevated sense of risk- stigma becomes a factor and redevelopment success becomes “ify”

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Human Behavior and Perceived Threats Men getting hair cuts – 1950’s and 1960’s where did we go? Transition in the late seventies – unisex hair parlors. Everyone waited to see a guy in there first, no one wanted to be first. Public meetings and attitudes towards site risk is the same no one wants to be first to say something or express comfort for newly proposed use safety and suitability

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Gaining Trust When Dealing with Risk Risk communication that results in resistance and stigma is a consequence of: Things we judge on the basis of biased information and attitudes Things we say/don’t say or things we do / don’t do The silence of feedback …. Ask a group a question Who is usually the first to speak in a community meeting with exposed risk? Someone with an issue and is upset What is our attitude about the people who are strident, vociferous, negative and rude when the presenter is polite and respectful? Typically we think of them as: Loud Disgruntled Disenfranchised Upset taxpayers People negatively impacted from previous dealings What is our visceral reaction towards these people? The problem is that if your gut feeling towards someone is a certain way... you will treat them that way.

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ABC Rule Example of our assumptions and actions about the above vocal people. Assumption (they are a troublemaker)  Behavior ( I need to be offensive)  Consequence (their resolve increases and their boldness is reinforced) As someone’s resolve is strengthened ---- they are emboldened. The community then sees them as courageous. The more defensive you become to someone’s boldness the less knowledgeable and more secretive you appear to become. The result is you galvanize a leader against your own effort.

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COKE - Gender and Empathy You are an “expert from outside” with no personal risk in a charged atmosphere where peoples health and well being is on the line. You are the representative for the cleanup effort. At best, the attitude towards you is one of polite skepticism, at the worst it is that you are not: COKE Committed Open Knowledgeable (as you should be) Empathetic You need to apply every bit of your knowledge and patience and understanding to show them you are

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Gender Stereotypes and Redevelopment Men are From Mars Women are from Venus … John Gray Men – when confronted with a problem what do they do? Go into a cave to think, sulk or withdraw. Armed with ideas they interact with the problem by tackling it. Men need to fix things and tinker, inaction in the face of a problem is disconcerting. Women – when confronted with a problem what do they do? Process it with another woman verbally... the process involves listening and agreeing / sympathizing. They talk it thru. Women need empathy and appreciation.

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Leadership The most elemental piece of any Brownfield Redevelopment Project is leadership. Leadership is what gets a community to see what could be, to get thru the angst of cleanup, to maintain the faith that it can get better and take the risk. Leadership is critical to keep the community focused on what could be … Without leadership, the vision to see what might be rather than what is, to rally community buy in and provide the tactical commitment to address the myriad complexities of the situation and make it happen, are missing. The project will not happen.

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Leadership Defined Leadership = Getting or inspiring people to do something with the focus on them, not the project Management = Allocating resources in a task. Leaders integrate the needs of followers with the goals of the organization by integrating people with tasks... they transform potential into reality. To accomplish this leaders need to should always consider their followers: Motivation / achievement / needs / expectations Willingness and ability to assume responsibility Education / experience / ability

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Leadership Styles There are five leadership styles. The first two are leader centered and the last two are group centered. The less cohesive and mature the group is the more direction it will need. Leadership is situational Authoritative - leader decides and announces decisions Political – leader decides and sells the decision to the group Evaluative – leader presents ideas and invites questions Participative – leader presents alternatives and the group chooses from among alternatives Laissez Faire – group defines boundaries and makes decisions, informs the leader of choice

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Gilberts Laws of Community Physics There is no such thing as an easy solution Prevention is a future thing done now People are more important to solutions than things are Embarrassed kittens can become tigers People will rise to challenge, given the right conditions and good information Commitment to a vision is a function of how a person feels about being appreciated for their contribution to it Project success results from dedicated front work and a controlled environment Dedication is wanting your thing to happen more than your opponents don’t want it Self esteem is a volunteer’s most precious possession.... appreciate it Major undertakings are always able to be broken down into smaller tasks If something is inevitable, deal with it and use it to your best advantage Volunteers don’t work for money... think about what they do work for If you don’t ask the right questions, don’t even think about getting the right answers Learn from your mistakes and teach other people what you have learned Time invested in planning is time saved in later cleanup and damage control. What you feel is never apparent to others unless you tell them Communication and understanding take effort

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Gilberts Laws of Community Physics Prevention is planned anticipation If someone doesn’t understand why he is doing something, he won’t do it well Creativity blossoms in a propagated field Build on the past... understand it, interpret it and don’t be restricted by it In a development project the only thing that you can guarantee will happen is something you don’t expect The future is going to be different than the past, deal with it If you don’t have time to do it right now, will you have time to do it over A true leader creates more leaders For positive results, be positive and require that all those around you be positive

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Redevelopment Organizations Non Profits are gap fillers between private sector role and public sector role 501.c 3,4,5,6 Each is different with different roles

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501c.3 Non Profits in Brownfields Why Non Profits in Brownfields? What do they bring to the table? They care when no one else does They own the issues and the solutions They are flexible (finance, ownership, management, service delivery etc) They are appropriately scaled, they are close to the project Their culture and character is matched to the redeveloped use They have access to different sources of capital They bring unity and support behind projects because of the local connection, leadership and control Community Based Group = Community Based Project.

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Civic - Social Entrepreneurs (CSE) What is a CSE? Professionals with project development and project funding expertise. Their strength is the analysis and interpretation of community needs and the packaging of creative and innovative solutions to challenging community development problems. CSE’s focus on the regeneration of neighborhoods, communities and regions that are environmentally, geographically or socially disadvantaged and economically depressed. Typically their work ends in unique public private partnerships, innovative organizations and grant funding usually from the federal or state government. CSE’s are frequently seen as grantsmen but they are more, they are problem solvers and innovators. CSE’s can be architects, landscape architects, planners, engineers, sociologists, lawyers or accountants The good CSE understands community, sees problems and their solutions, can conceive projects and can identify funding to implement the solution. Most people see CSE’s as the last step in the process the... grantsman.

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Characteristics of CSE’s: Beggars, Thieves v. Change Agent Beggars Approach grant procurement as a supplicant approaching royalty or a dominating father figure. At the heart of their approach is pity bordering on self-deprecation. A beggar cannot believe that the funder needs him just as much as he needs the funder, rather he views the relationship as a welfare system. Beggars rarely become self sufficient. Thieves Grant funding is a cynical challenge; funders as targets to be outwitted or squeezed for funding. Need to grab their share of the big bucks. Modern day Robin Hoods; go after any money and will often twist their objectives to meet the funder’s requirements. The best funding sources are those where grant recipients are free to apply funding to their own needs regardless of the larger vision or mission of the funder. A thief will often trivialize the funder’s limitations or constraints. Thieves typically don’t get repeat funding from the same entities without political help. When a thief fails his alienation usually turns outward. When a beggar fails his alienation usually turns inward.

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Areawide Plan = Strategy and plan grounded in an understanding of the relationships that support community. Area wide planning reflects a commitment to the site - street- neighborhood - community continuum and the ability to use social, cultural, economic and political influences in that continuum to transform community. Area Wide Planning and Design

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Why undertake an Area Wide Design in a Brownfield Area To effect synergy …… cascading impact or domino effect Community opportunities and assets are lost in misery and din if we don’t recognize them and capitalize on them. Avoiding irrevocable inappropriate commitment of sites and assets Planning and design at the community level enables cost effective public and private expenditure decisions Visions, missions, goals and action plans based on a designed future create and reinforce identity... a strategic element in advancement of place

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Pivot Points Pivot Point = the milestone in the redevelopment process where the project is going to be conceived, all items discussed in this outline are in place. Theme / watermark / benefits are solid Direction of the project is understood Sites should be characterized and understood, Cleanup plans must be in draft form, Leadership must be in place, Community trust and buy in must be unquestionable and Strategic direction should be understood and supported by all stakeholders With all of the above in place this is where the rubber meets the road. Spontaneous redevelopment will cascade from a well chosen pivot point with a well oiled machine forcing it along.

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The Funding Proposal The Structure of a Proposal... Why, What and How Basic framework of any proposal is the construction of a framework of why (project needs), what (objectives to be accomplished) and how (activities and procedures). All concepts need to be structured in response to these three questions; translate your concept to any funder’s format or standards. Be clear, concise and complete

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Redevelopment Implementation Make sure all the pieces are in place, strategy is clear, roles and responsibilities defined, message is universally understood by all, financing and funding is possible, political support is in place, engineering and design is done, and broad based support is in place. Undertake first project Seek low hanging fruit Get everyone on the podium Celebrate all successes small and large Good Luck !!!!!!!!!!!!!!!!!!!!!